Starting a small food business in Nevada is made easier by the state’s cottage food laws, which allow individuals to sell certain non-perishable homemade foods without the need for a commercial kitchen. If you’re thinking about selling items like baked goods or jams, Nevada offers a streamlined process for small-scale food entrepreneurs. Here’s what you need to know about Nevada’s cottage food regulations, the licensing process, and how to get started.
1. What is a Cottage Food Producer in Nevada?
A cottage food producer in Nevada is someone who prepares and sells low-risk, non-perishable foods from their home kitchen. These foods are considered safe for sale without refrigeration or temperature control. Some of the foods allowed under Nevada’s cottage food laws include:
- Baked goods like bread, cookies, and cakes (without perishable fillings)
- Jams, jellies, and preserves
- Candy, chocolates, and confections
- Dried herbs, teas, and spices
The idea behind Nevada’s cottage food law is to allow home-based food entrepreneurs to sell these products directly to consumers, either from home or at local venues such as farmers markets.
2. Nevada Cottage Food Law
Nevada’s cottage food law was designed to allow the production and sale of certain homemade goods with limited regulatory oversight. Below are the key aspects of the law:
- Direct Sales Only: You can sell your cottage food products directly to consumers at farmers markets, community events, roadside stands, or from your home. Sales to restaurants, grocery stores, or online platforms (like Etsy or Amazon) are not allowed.
- Sales Cap: Cottage food producers in Nevada have a gross annual sales limit of $50,000. Once your revenue exceeds this limit, you’ll need to transition to a fully licensed food business.
- Labeling Requirements: All cottage food products must be properly labeled, including a list of ingredients, allergen warnings, and a disclaimer stating that the food was produced in a home kitchen not subject to regular inspections.
These rules are designed to maintain food safety standards while making it easier for small food entrepreneurs to sell homemade products.
3. When Do You Need a Food License in Nevada?
If your products fall outside the scope of Nevada’s cottage food law, you’ll need to apply for a food license. This includes any food that is potentially hazardous or requires refrigeration, such as:
- Dairy products
- Meat or poultry products
- Prepared meals that require temperature control
To sell these products, you must prepare them in a licensed commercial kitchen and adhere to more stringent health and safety regulations. You will also be required to undergo regular inspections by the health department.
4. Steps to Start a Cottage Food Business in Nevada
Here are the basic steps to get started under Nevada’s cottage food laws:
- Choose Your Products: Select which non-perishable, low-risk foods you want to sell, such as baked goods, jams, or candies. Ensure they fall within the legal framework of Nevada’s cottage food regulations.
- Register Your Business: Although you don’t need a traditional food license, you still need to register your cottage food business with the local health department. Requirements may vary slightly by county, so check with your local health authority.
- Labeling: Proper labeling is mandatory. Your label must include the product’s name, ingredients, allergens, and a statement indicating that the food was made in a home kitchen not subject to health department inspections.
- Sales Restrictions: You can only sell your products directly to consumers. This can be done at farmers markets, from your home, or at other community events. Wholesale sales are not permitted under the cottage food law.
5. Expanding Beyond Cottage Foods
If you want to expand your food business to include potentially hazardous foods or if you want to exceed the $50,000 sales cap, you will need to operate out of a licensed commercial kitchen. This will require you to apply for a full food license and comply with Nevada’s health and safety regulations, including regular inspections.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.